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HomeMy WebLinkAboutReso 2003-141RESOLUTION NO. 2003-141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE MAP FOR EASTLAKE LANDSWAP, CHULA VISTA TRACT 03-04 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A and commonly known as EastLake Land Swap Residential Tentative Subdivision Map, Chula Vista Tract 03-04; and for the purpose of general description herein consists of 62.64 acres, commonly known as Parcel GR-9 in the EastLake II SPA, located at the northeast comer of EastLake Parkway and Olympic Parkway within the EastLake Greens residential community (Project Site); and B. Project; Application for Discretionary Approval WHEREAS, on October 14, 2002, the EastLake Company (Developer) fried a tentative subdivision map with the Planning & Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for 62.64 acres into 4 supeflots with a capacity for 750 single-family attached/multi-family units. The tentative map also includes 2 open space lots (Project); and C. Prior Discretionary Approval WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-151 on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for'~and SwalY area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (FSEIR 86-04) and associated Mitigation Monitoring and Reporting Program certified on July 18, 1989; 5) Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning 'Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 6) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 7) the amended EastLake I1 Planned Community District Regulations and Land Use Map approved by City Council Ordinance No. 2863 on August 6, 2002; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 2, 2003, and after hearing staff presentation and public testimony voted (xxxxxx) to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and Resolution 2003-141 Page 2 E. Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2003, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, the City Clerk set the time and place for a hearing on said tentative subdivision map application, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 8, 2003, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter dosed. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on April 2, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS FSEIR 86-04 and FSEIR 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation (FSEIR 86-04; certified JOy 18, 1989) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04; certified November 24, 1998). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation (FSEIR 86-04) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04). The Tentative Map is in substantial conformance with the project upon which the analysis contained in FSEIR 86-04 and FSEIR 97-04 was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of these EIR's. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinators determination that the proposed project was adequately covered in FSEIR 86-04 and FSEIR 97-04, and that said documents were prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. Resolution 2003-141 Page 3 TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for EastLake Land Swap Residential, Chula Vita Tract No. 03-04, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The EastLake Land Swap Residential parcel provides for Medium-High (11-18 du/ac). The proposed subdivision incorporates provides for four super lots to be subsequently developed with multi-family projects. Thus, the project as conditioned is in substantial compliance with the EastLake II GDP and SPA and EastLake Greens Neighborhood SPA., and since the GDP and SPA are in substantial conformance with the General Plan, the Tentative Map is also in substantial conformance with the General Plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan. The public streets within the Project will be sized as prescribed in the circulation element of the General Plan and designed per City design standards and/or requirements, or modifications accepted by the Director of Engineering. The required and anticipated off-site improvements would be designed to handle this Project and future projects in the area. 3. Housing The Amended EastLake Comprehensive Affordable Housing Program has been adopted and incorporated into the EastLake Greens Neighborhood SPA Plan to ensure that a minimum of ten percent affordable housing is provided. A condition of approval requires the Developer to enter into an agreement with the City to ensure that the affordable housing units as prescribed in the affordable Housing Program are constructed and delivered as prescribed in the above- mentioned Affordable Housing Program. The EastLake subdivision also provides a mix of housing types and lot sizes for single family, townhomes, and condominiums at various densities for persons of various income levels. Parcel Number 1 will be developed with an affordable housing consisting of 150 units. 4. Conservation FSEIR 86-04 and FSEIR 97-04 address the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. 5. Parks & Building Construction, Open Space The Project is served by an existing 15-acre community park located just north of the Eastlake High School, and will be constructing a future 11.8 acre Resolution 2003-141 Page 4 neighborhood park (P-3) located east of the 200 foot utility corridor which runs parallel adjacent to the east side of the Project. The Developer has satisfied all park dedication and development fee obligations through the adoption by the City Council of the"Second Amended and Restated Development Agreement between the City of Chula Vista and the EastLake Company, LLC for EastLake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap) doc No. 2001-0807936 dated November 1,200F 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise Noise mitigation measures included in the FSEIR 86-04 and FSEIR 97-04 adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels in excess of 45 dBA and exterior noise exposure over 60 dBA for all outside habitable areas. Scenic Highway The project site is located adjacent to designated scenic highways (Olympic Parkway). The project will be developed in compliance with Section 8 of the Land Use Element of the Chula Vista General Plan. 10. Bicycle Routes Although no designated regional off-street bicycle routes are included as components of the internal circulation network, bicyclists will be readily able to share the internal streets with motor vehicles due to low traffic volume and limited speeds allowed. Bicycle route segments to connect to regional systems have been incorporated as prescribed by the Circulation Element of the General Plan. On-street bike lanes are included on the adjacent arterial highways. The bike lanes will be paved components of the street systems indicated. 11. Public Buildings No public buildings am proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this proposal on the housing needs of the region and has balanced Resolution 2003-141 Page 5 those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 03-04, Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (FSEIR 86-04) and associated Mitigation Monitoring and Reporting Program, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program and Addendum to FSEIR 86-04 and FSEIR 97-04 (IS-03-009), except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre- zone and Annexation (FSEIR 86-04) and associated Mitigation Monitoring and Reporting Program and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning & Building and Environmental Review Coordinator. Mitigation Measures shall be monitored via the Mitigation Monitoring Programs approved in conjunction with FSEIR 86-04 and FSEIR 97-04. Modification of the sequence shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. C. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the EastLake Greens Public Facilities Financing Plan, as amended or as required by the Director of Engineering, to meet the threshold standards adopted by the City of Chula Vista. The Director of Engineering and Planning & Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. Resolution 2003-141 Page 6 D. Design Approval The Developer shall develop the lots in accordance with the EastLake II Planned Community District Regulations and Design Guidelines Supplement for "Land Swal5' area of EastLake Greens and all multi-family projects shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. E. Contingency of Project Approval Approval of the Tentative Map is contingent upon the approval of the GDP/SPA amendment 0aCM 03-10) and Ordinance taking effect. VIII. SPECIAL CONDITIONS OF APPROVAL Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of each final map. GE~RAL/P~N~Y 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. (Engineering, Planning & Building) 2. Developer shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of 1) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2202-151 on May 7, 2002; 3) EastLake Greens Neighborhood Plan, Design Guidelines Supplement for "Land Swal5' area of EastLake Greens, and EastLake Greens and "I_and Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (EIR 86-04) and associated Mitigation Monitoring and Reporting Program; 5) Final Subsequent Environmental Impact Report (EIR) for the EastLake Trails/Greens Replanning Program (EIR 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 6) Addendum to FSEIR 86-04 and FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009); 7) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 7) the amended EastLake II Planned Community District Regulations and Land Use Map approved by City Council Ordinance 2863 on August 6, 2002. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may required to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. ~ Planning & Building) Resolution 2003-141 Page 7 3. If Developer desires to do certain work on the property after approval of the tentative map, but prior to recordation of the applicable final map, he may do so by obtaining the required approvals and pemaits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final map and improvement plans) will be approved. All work performed by the Developer prior to approval of the applicable Final map shall be at Developer's own risk. Prior to issuance of grading and/or construction permit, the Developer shall acknowledge in writing that subsequent submittals (i.e., final map, improvement plans) may require extensive changes, at Developers cost, to work done under such early permit. Prior to the issuance of a permit, the Developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final map does not record. (Engineering) 4. If any of the terms, covenants or conditions contained heroin shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and ff any of such conditions fall to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. (Engineering, Planning & Building) 5. Prior to approval of each final map, Developer shall agree to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including Attorney's fees, arising from challenges to the Environmental Impact Report for the Project, and any or all entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning & Building) 6. Any and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) 7. Prior to approval of any final map proposing the creation of multi-family housing for any lot in the Project as condominiums, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process, unless otherwise approved by the Director of Engineering, a subsequent tentative map for said proposed condominium, community apadment, or stock cooperative project in said Planning Area. (Engineering) 8. The subsequent development of a multiple-family lot, which does not require the filing of a subsequent final map, shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the Director of Engineering and Director of Planning & Building. (Planning & Building, Engineering) Resolution 2003-141 Page 8 9. Unless otherwise specified, "dedicatd' means grant the appropriate easement, rather than fee title. Where an easement is required, the Developer shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee tire shall be free and clear of all encumbrances, unless otherwise excused by the City. 10. Applicant shall submit and obtain approval by the City of a Master Final Map {'Master Final Mal~) containing the entire Project's area showing"super blocl~' lots corresponding to the lots or combination of lots shown on the tentative map. Said Master Final Map shall also show open space lot dedications and utility easements required to serve the "super blocl~' lots created by said map to the satisfaction of the Director of Engineering and Director of Planning and Building. Ali"super blocl~' lots created by this map shall have access to a dedicated public street. (Engineering) ENVIRONMENTAL/PRESERVATION 11. Prior to approval of the Master Final Map, the Developer shall enter into a supplemental subdivision agreement to implement, to the satisfaction of the Director of Planning & Building, all applicable mitigation measures identified in FSEIR 86-04 and FSEIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and all addendum thereto in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in circumstances warrant such a revision. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. (Engineering/Planning) 12. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in FSEIR 86-04 and FSEIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and all addendum thereto. Any such measures not satisfied by a specific condition of this resolution or by the project design shall be implemented to the satisfaction of the Director of Planning & Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Programs approved in conjunction with FSEIR-86-04 and FSEIR 97-04. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. (Planning & Building) SUBDIVISION DESIGN 13. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the EastLake Greens Neighborhood plan; or as otherwise approved by the Director of Parks & Building Construction and Director of Public Works Operations. Developer agrees to provide any and all special installation conditions as requested by the Director of Parks & Building Construction for Resolution 2003-141 Page 9 those trees identified in the SPA as having special installation conditions. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of Parks & Building Construction and the Director of Public Works Operations prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, Parks & Building Construction) 14. Prior to the issuance of each rough grading permit proposing to grade individual lots and streets for the Project, submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways, comply with ADA standards at the front and back of sidewalks to the satisfaction of the Director of Engineering. (Engineering) STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 15. Prior to approval of the first final map for the Project, Developer shall enter into an agreement to, and thereafter shall, construct and secure, in accordance with Chapter 18.16 of the Municipal Code, the following improvements: a. Street improvements, including landscape and irrigation, for that portion of EastLake Parkway extending from station 52+84.01 to 88+75.84 (near the EastLake Greens R-26 project). Said street improvements shall include, but not limited to asphalt concrete pavement, base, curb, gutter and sidewall sewer, drainage facilities, water quality BMP's, street lights, traffic signals, signs, stripping, fire hydrants and transitions to existing improvements in the manner required by the Director of Engineering. b. Full gravity sewer improvements deemed necessary by the Director of Engineering to: 1) complete the gravity sewer system within the aforementioned reach of EastLake Parkway, and 2) provide sewer service to the proposed Project. c. Full drainage improvements deemed necessary by the Director of Engineering to provide service to the proposed Project. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) Resolution 2003-141 Page 10 16. Design all street vertical and horizontal curves and intemection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the CalTrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves will be permitted at intersections per AASHTO standards and with approval of the Director of Engineering. (Engineering) 17. Developer shall demonstrate on the Master Final Map for the Project that all lots created by said map have been provided private and/or public easements which ensure 1) legal access to an approved public street, and 2) the ability to connect to public utilities. All lots created by said Master Final Map shall be designed so as to allow each lot to develop independently of each other lot on that map. 18. Provide security in accordance with chapter 18.16 of the Municipal Code, for all public facilities within the subdivision boundary or off-site, deemed necessary by the Director of Engineering to provide service to the subject subdivision, in accordance with Chula Vista Design standards, Chula Vista Streets Standards, Chula Vista Subdivision, and approved Tentative Map, unless otherwise approved by the Director of Engineering. If improvement plans have been approved by the city, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) 19. Prior to approval of the Master Final Map, Developer shall enter into an agreement with the City where Degeloper agrees to the following: a. That prior to the first Design Review approval for the proposed Lots 2, 3, or 4 of the Project, Developer shall accomplish the following: i. Obtain the approval of the Director of Engineering and Director of Planning and Building of a design study (~esign Study) for a private street connecting the proposed Projects common access points to Lots 2,3, and 4 at Eastlake Parkway and Olympic Parkway (W~ommon Private Street). Developer shall acknowledge and agree that the City reserves the right to require improvements and facilities deemed necessary by the Director of Engineering and Director of Planning and Building to provide adequate circulation and to meet the requirements of the Police and Fire Departments. ii. Provide evidence satisfactory to the Director of Engineering of the grant of private easements necessary for constructing the Common Private Street. iii. Grant to the City all onsite and offsite public easements needed to accommodate the Common Private Street, deemed necessary by the Director of Engineering to serve the Project. b. Construct all the private and public improvements located within the Common Private Street in conjunction with the construction of the first residential building on Lots 2, 3 and 4, whichever occurs first, to the satisfaction of the Director of Engineering. Resolution 2003-141 Page 11 20. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreemem with the City where Developer agrees to designate as private the Common Private Street and any other streets proposed for any residemial development within the Project. 21. Unless othenvise approved by the Director of Engineering, prior to issuance of the first building permit for each of Lots 2, 3 and 4, developer shall grant to the City on a final or parcel map those public easements deemed necessary by the Director of Engineering to accommodate the public facilities to serve each lot. 22. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicfmg with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 23. Grant sight visibility easements to the City of Chula Vista as required by the Director of Engineering, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, landscape plans, improvement plans, and final maps to the satisfaction of the Director of Engineering. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista Policies. (Engineering, Planning and Building) 24. Prior to approval of the Master Final Map for the project, the Developer shall enter into an agreement with the City of Chula Vista, to run with the entire land contained within the Project, wherein the Developer acknowledges and agrees that, prior to the construction of SR- 125, the City shall stop issuing new building permits for Land Swap Residential when the City, in its sole direction, determines that either: a. Building permits for a total 9,429 dwelling units have been issued for projects east of 1-805 (the start date for counting the 9,429 dwelling units is January 1, 2000); or, b. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds, the City may issue building permits if the City decides, in its sole discretion, that any of the following has occurred: 1) traffic studies demonstrate, to the satisfaction of the Director of Engineering, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; 2) other improvements are constructed which provide additional capacity; or 3) the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental reviews as required. 25. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement to design, construct and provide sufficient security for the construction of the facilities set forth below: Resolution 2003-141 Page 12 Facility Itl: Construction of a 5-foot wide pedestrian trail from north of Olympic Parkway to EastLake Parkway to the satisfaction of the Director of Planning & Building Final alignment shall be contained within the Project or utility easement as approved by the Director of Planning and Building. Developer shall complete construction no later than the issuance of the 300th cumulative building permit for Lots 2, 3 and 4 or at a later date as approved by the Director of Planning and Building in his/her sole discretion. Facility It2: Construct, in conjunction with the development of each Lot, a minimum of one 6- foot wide trail connection to the pedestrian trail (Facility"I) to the satisfaction of the Director of Planning and Building. Facility#3: Construction of a 6-foot wide trail connection from Facility #1 to Park P-3 to the satisfaction of the Director of Planning & Building. Developer shall complete construction no later than the issuance of the 300th building permit for Lots, 2, 3 and 4 or at a later date as approved by the Director of Planning and Building at his/her sole discretion. Engineering, Planning & Building) 26. Prior to approval of the Master Final Map for the Project, the Developer shall enter into an agreement to secure and construct four permanent traffic count stations, as indicated below: General Location EastLake Parkway Olympic Parkway Number of traffic count stations 2 stations 2 stations The traffic count stations shall be installed at such specific locations and in strict conformity to plans and specifications approved by the Director of Engineering. The Director of Engineering may, at his/her sole discretion, waive the requirement to construct said traffic count stations if Developer agrees to provide a cash payment in the amount deemed necessary by the Director of Engineering, to complete the construction of said stations by the City or its designee. GRADING AND DRAINAGE 27. Prior to approval of each grading plan or as required by the Director of Engineering, submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 28. Provide graded vehicle access to all public storm drain dean-outs or implement other access solutions approved by the Director of Engineering. Storm drain clean-outs shall not be located on slopes or inaccessible areas for maintenance equipment, and shall be designed to the satisfaction of the Director of Engineering. (Engineering) 29. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4:1. (Engineering) 30. Prior to approval of grading plans, demonstrate the adequacy of existing downstream drainage runoff facilities or include, in the grading plans, the construction of detention facilities, to ensure that the maximum allowable discharges after development do not exceed the capacity of any existing downstream facilities, all to the satisfaction of the Director of Engineering. The developer shall provide for the future maintenance of the detention basin facilities through the establishment of a Master Homeowners Association, or other funding mechanism as approved by the City. (Engineering) Resolution 2003-141 Page 13 31. Construct energy dissipaters at all storm drain outlets, as required by the Director of Engineering to maintain non-erosive flow velocities. (Engineering) 32. Submit to and obtain approval from the Director of Engineering and Director of Parks & Building Construction of an erosion and sedimentation control plan as part of grading plans. (Engineering, Parks & Building Construction) 33. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the Director of Engineering and Director of Planning & Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Planning & Building) 34. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as othemrise approved by the Director of Engineering and Director of Planning & Building. (Engineering, Planning & Building) 35. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 36. Prior to approval of each map creating individual single family lots, submit a list of proposed lots indicating whether the residential structure will be located on ~l, cut, or a transition between the two situations. (Engineering) 37. Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 38. Provide a minimum of 3 feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for HOA slopes by the Director of Engineering. (Engineering) 39. Provide a setback, as determined by the Director of Engineering based on Soil Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The Director of Engineering shall not approve the creation of any lot that does not meet the required setback. (Engineering) 40. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2:1 (two horizontal to one vertical), except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submittal and approval of reports by both a softs engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons of property. b. The installation of an approved slope planting program and irrigation system. Resolution 2003-141 Page 14 c. 'IVKnor Slopg'is defined as a slope 4 feet or less in vertical dimension in either cut or fills, between single-family lots and not parallel to any roadway. (Engineering) 41. Construct temporary desilting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such fac'flities shall be based on hydrological modeling, and determined pursuant to direction by the Director of Engineering. (Engineering) 42. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 43. Prior to issuance of grading permits, Developer shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning & Building) 44. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the Director of Engineering. (Engineering) 45. Prior to any Design Review approval for a residential lot development (' Lot Developmen0 within the Project, Developer shall obtain the approval of the Director of Engineering of a Water Quality Technical Report (Report), which identifies the permanent Best Management Practices for the proposed Lot Development. The Report shall cover the entire site where said Lot Development is being proposed. The Report shall comply with all applicable requirements of the Development and Redevelopment Project Storm Water Management Standards Requirements Manual (approved by City Council Resolution 2002-475). 46. Developer shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista Standard Urban Storm Water Mitigation Plan to the satisfaction of the Director of Engineering. Resolution 2003-141 Page 15 47. Prior to issuance of any building permit for multi-family housing within the Project Developer shall enter into a maintenance agreement with the City, where Developer agrees to operate and maintain in perpetuity all private permanent BMPs deemed necessary by the Director of Engineering to provide service to multi-family site. Developer shall submit upon the City's request, and obtain approval from the Director of Engineering of a maintenance program for the proposed permanent BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) 48. Prior to approval of each grading, construction, and building permits for the Project, Developer shall demonstrate, to the satisfaction of the Director of Engineering, compliance with all the applicable requirements of the approved Water Quality Technical Report. SEWER 49. Design all public sewers in accordance with the following requirements: a. Access points (manholes) to be located at eentefline of street, cul-de-sac cemer, or at the center of a travel lane, unless, otherwise approved by the Director of Engineering. (Engineering) b. Provide improved all-weather paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the Director of Engineering. (Engineering) c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the Director of Engineering. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. (Engineering) e. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the Director of Engineering. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). (Engineering) f. All PCC paved sewer and/or drainage maintenance access roads shall be 6 inches in thickness and contain /14 reinforcement bars at 18 inches on center each way to prevent differemial displacement between concrete panels. (Engineering) g. Sewer main pipes shall not run parallel and under slopes greater than 5:1 unless otherwise approved by Director of Engineering. (Engineering) h. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the Director of Engineering. (Engineering) WATER 50. Prior to approval of each final map, presem verification to the Director of Engineering in the form of a letter from Otay Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessments/bonded indebtedness exist on the parcel(s). (Engineering) Resolution 2003-141 Page 16 51. Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Developer shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning & Building) 52. Prior to approval of each Final Map, the Applicant shall present verification to the Director of Engineering in the form of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. AGREEMENTS/FINANCIAL 53. Enter into a supplemental agreement with the City wherein the Developer agrees as follows: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: i. Regional development threshold limits set by the City, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning & Building and the Director of Engineering. (Engineering, Planning & Building) b. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning & Building) c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the f'mal map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Developers construction schedule so that it does not delay or impede Developers construction schedule and does not require the trenches to be reopened to Resolution 2003-141 Page 17 accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other roles, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning & Building) d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. (Engineering, Planning & Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning & Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). (Engineering) g. To not protest the formation of any futura regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreement not to protest shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new facilities and shall not interfere with the right of any person to vote in a secret ballot election. h. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developers indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. (Engineering) 54. Prior to approval of each Final map, the Developer shall comply with all previous agreements as they pertain to the final map area. (Engineering, Planning & Building) 55. Prior to approval of each final map containing any public streets, the Developer shall agree to contract with the City's current street sweeping franchisee, or other server approved by the Assistant Director of Public Works Operations (ADPWO) to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever occurs earlier. The developer further agrees to provide the ADPWO with a copy of the memo requesting street sweeping service. Such memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 56. No later than December 31, 2003, Developer shall, to the satisfaction of the City: Resolution 2003-141 Page 18 a. Execute an agreement with an affordable housing developer for the development of Lot 1 of the Tentative Map as an affordable rental project to comply with Developer's obligation to provide such housing for low-income households; b. Submit applications to the appropriate State Agency for Multifamily Revenue Bonds and Low Income Housing Tax Credits for the development of the affordable rental project; c. Receive a financial commitment for Multifamily Revenue Bonds and Low Income Housing Tax Credits; and, d. Submit to the Community Development Department the required documentation demonstrating compliance with Developer's obligation to provide moderate-income housing. Should Developer be unable to demonstrate to the satisfaction of the City compliance with items "a" through "d" herein, developer, upon request of the City, shall enter into an agreement delineating the use of alternative methods of compliance, such as an off-site project and/or an in- lieu contribution. (Community Development) 57. Prior to issuance of Master Final Map, the Developer shall provide evidence, satisfactory to the Director of Planning & Building, that the school districts are satisfied. (Planning & Building) 58. The Developer shall implement the final. AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). (Planning) 59. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the Project. The new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas, which receive Final map approval prior to effect of the subject new measures. (Planning) 60. The Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall be required to modify the WCP to incorporate those new measures, which am in effect at the time, prior to or concurrent with each final map approval within the Project. The new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas, which received final map approval prior to effect of the subject measures. (Planning) 61. Prior to each DRC approval, the Developer shall be required to submit a detailed acoustical analysis to the satisfaction of the Environmental Review Coordinator and prepared by a qualified acoustical consultant that demonstrates that the building structures are adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Where exterior noise levels exceed 60 CNEL, additional measures shall be required to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the FSEIR 86-04 and FSEIR 97-04 and associated Mitigation Monitoring and Reporting Programs. (Environmental, Planning & Building) OPEN SPACE/ASSESSMENTS Resolution 2003-141 Page 19 62. The Developer shall obtain City council approval of a Community Facility District (CFD) formation no later than 60 days of approval of the Master Final Map for the Project or as extended by the City in their sole discretion. The Developer shall submit a list of amenities, acreage and maintenance costs for all open space lots and other improvements to be maintained by the proposed CFD including the pedestrian trail. Maintenance of said public improvements shall be accomplished by the Developer for a minimum period of one year, or until such time as accepted into the open space district by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as homeowners association, or an endowment shall be established and submitted to the City for consideration prior to approval of the first Design Review for lots 2, 3 or 4, or as extended by the City Engineer. Prior to the approval of the Master Final Map, the Developer shall submit an initial deposit of $10,000 to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g. tables, diagrams, etc.) required by the Director of Engineering for processing the formation of the proposed CFD. (Engineering) 63. Grant in fee to the City on the applicable final map, all the open space lots to be maintained by the City through the open space district. Developer shall provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowners Association. (Engineering) 64. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the Director of Engineering, Director of Public Works or the Director of Parks & Building Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the Director of Engineering. Any unused portion of said deposit shall be incorporated imo the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. (Engineering, Public Works, Parks & Building Construction) 65. Conform to the design elements of the City's Landscape Manual for all landscaping, which falls within the maintenance responsibility of the open space District. (Parks & Building Construction) 66. Prior to each design review approval, provide proof to the satisfaction of the Director of Engineering and Director of Parks & Building Construction that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, Parks & Building Construction) 67. Prior to approval of the Master Final Map for the Project, developer shall enter into a maintenance and grant of easements agreement with the City to provide for the maintenance of landscaping and improvemems maintained by a Homeowners Association within City right-of- way or such other public areas required by the City. (Engineering, Parks & Building Construction) 68. Prior to issuance of the first building permit for Lot 1, developer shall enter into a maintenance agreement with the City which provide for the maintenance of all landscaping and Resolution 2003-141 Page 20 improvements within the City right-of-way or other such public areas as required by the City to be maintained by an entity as approved by the City. EASEMENTS 69. Grant on the final maps minimum 15 ft. wide easements to the City of Chuia Vista as required by the Director of Engineering for construction and maintenance of sewer facilities. (Engineering) 70. Provide minimum 15 ft. wide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of storm drain facilities. (Engineering) 71. Provide 10 ft. wide general utility easements adjacent to street right-of-way within public open space lots, unless otherwise approved by the Director of Engineering. (Engineering) 72. Provide easements for ail off-site public storm drains and sewer facilities prior to approval of each final map requiring those facilities unless Section 66462.5 of the State Map Act applies. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the Director of Engineering. (Engineering) 73. Notify the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, if off-site right-of-way and easements cannot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the Director of Engineering. c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation of proceeding, and as determined by the Director of Engineering. d. Request that the City use its powem of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements, or work related to the final map. The Developer shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, b and c above shall be accomplished prior to the approval of the applicable f'mai map. (Engineering) 74. Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the Director of Engineering and the Director of Planning & Building. The Director of Engineering may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) Resolution 2003-141 Page 21 75. Grant on the appropriate final map, a 20 ft. minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the Director of Engineering. All other easements shall meet City standards for required width. (Engineering) MISCELLANEOUS 76. Prior to approval of any tentative or final map, submit copies of the map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), Lot Lines (closed polygons) Street Centeflines (polygons) Easements (polylines) Street names (annotation) Lot Numbers (annotation) The digital ftie shall be submitted in accordance with the City Guidelines for Digital Submittal on 3V2" disks CDs, or as an e-mall attachment or as otherwise approved by the Director of Engineering. (Engineering) 77. Prior to approval of each grading, improvement and landscaping plan, submit copies of the respective grading, improvement, and landscape plans in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. The digital file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3V2" disks CDs, or as an e-mall attachment or as otherwise approved by the Director of Engineering. (Engineering, Planning and Building) FIRE AND BRUSH MANAGEMENT 78. Provide fire hydrants every 500 ft. for single-family residential units and every 300 ft. for mnlti-family residential units. All hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all-weather fire access roads shall also be provided or an acceptable alternative approved by the Fire Marshall and in compliance with the UFC. (Fire) 79. Prior to issuance of the first building permit, provide a 20 ft. wide hard surface and required fire hydrant with required water pressure to the satisfaction of the Fire Marshall. (Fire) 80. Prior to delivery of combustible materials on any construction site, applicant shall, at a minimum, provide for adequate water supply, vehicular access and temporary street signs. Said access shall consist of minimum of first layer of hard surface with a minimum standard width of 20 feet with temporary roads allowed on a case-by-case basis. Ail vehicular access must be approved by the Director of Engineering. (Fire) CODE REQUIREMENTS 81. Comply with all applicable sections of the Chnla Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final map and all plans shall Resolution 2003-141 Page 22 be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 82. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the Director of Engineering. (Engineering) 83. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the Director of Engineering. (Engineering) 84. Pay all required fees in the amount in effect at the time such fees are due, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees. Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. Interim SR-125 development impact fee Poggi Canyon Gravity Sewer Basin DIF (Engineering, Planning & Building GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/PHASING 85. Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning & Building) 86. Install public facilities in accordance with the Land Swap Supplemental Public Facilities Financing Plan as may be amended from time to time, or as required by the Director of Engineering to meet threshold standards adopted by the City of Chula Vista. The Director of Engineering and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning & Building) 87. If multiple development phases are proposed for any lots within the Project, Developer shall submit and obtain approval for a development phasing plan by the Depa~hnent of Engineering and Director of Planning & Building prior to the first Design Review approval for said lot. The phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each sub-phase, and b. A table showing the sub-phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the Director of Engineering and Director of Planning & Building. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of Police and Fire Departments. The Director of Engineering and Director of Planning & Building may, at their discretion, modify the sequence of improvements Resolution 2003-141 Page 23 and construction should conditions change to warrant such revision(s). (Engineering, Planning & Building) HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION CONDITIONS AND RESTRICTIONS CC&Rs) OF COVENANTS, 88. Prior to approval of the Master Final Map, Developer shall enter into an agreement to establish an HOA, or any other financing mechanism acceptable to the City for the Project. 89. Within 90 days of approval of the first Design Review for Lots 2, 3& 4, the Developer or its successor in interest shall submit to the City a draft copy of the HOA or other f'mancing mechanism acceptable to the City for review by the Director of Planning &Building, Director of Parks and Building Construction and Director of Public Works. Developer shall also provide to the City satisfactory evidence demonstrating a budget sufficient to provide all required maintenance. The approved financing mechanism shall establish the responsibilities for common areas identified in Maintenance Responsibility Map to be approved prior to Master Final Map. The financing mechanism shall include the following: a. Provisions ensuring the maintenance of all private common facilities located within the project including, but not be limited to: walls, fences, community theme walls, water fountains, lighting structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage systems. Common facilities are to be identified or labeled in an exhibit in the CC&Rs. Maintenance shall also be provided for any detention facilities for the Project. b. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting within the public parkways and adjacent slope areas along Eastiake Parkway south of lot 1 to Olympic Parkway. c. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting within all areas within the project frontage along Olympic Parkway between the back of trail and top of slope including areas identified on the tentative map as O.S. Lot".aI'and O.S. Lot"B' d. Language naming the City of Chula Vista as a party to the CC&Rs, with the authority, but not the obligation, to enforce the terms and conditions of the CC&Rs in the same manner as any owner within the HOA. Should the City act to enfome the terms and conditions of the CC&Rs, all costs associated with such action shall be paid for by the HOA. e. Before any revisions to provisions of the CC&Rs that may particularly affect the City can become effective, said revisions shall be subject to the approval of the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA unless othenvise approved by the Director of Planning & Building. f. The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. g. The H0A shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. Resolution 2003-141 Page 24 h. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureffs. i. Language assuring HOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. 90. Future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the HOA and their estimated annual cost. The form of said document shall be approved by the Director of Planning & Building and the Director of Engineering prior to approval of the first Design Review for Lots 2, 3 & 4. (Engineering, Planning & Building) 91. Designate as private and maintain by a Homeowners Association all storm drain clean outs determined by the Director of Engineering to be in areas inaccessible for maintenance equipment. (Engineering) 92. Prior to approval of the Master Final Map, Developer shall submit and obtain approval of a revised Maintenance Responsibility Map for the Project from the Director of Planning and Building and the Director of Engineering, which shall include delineation of private and public property. (Planning and Building, Engineering) IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. It is in the publics interest for City to require EastLake to indemnify the City against the adverse risks and costs of a challenge to City's actions in approving the Tentative Subdivision Map for EastLake Land Swap Residential, Chuia Vista Tract 03-04 and related discretionary approvals, if any; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City. Presented by Robert A. Leiter Planning & Building Director Resolution 2003-141 Page 25 Approved as to form by Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of April, 2003, by the following vote: ATTEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, Rindone, Salas, McCann and Padilla None None Stephen Pad'ffla, Mayor Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-141 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of April, 2003. Executed this 8th day of April, 2003. Susan Bigelow, City Clefl~ >.z~ 5